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2008 Supreme(Mad) 4535

V.RAMASUBRAMANIAN
Jaga Industries, rep. by its Managing Partner M. Jeganathan, Tirupur Taluk & Another – Appellant
Versus
Sulochana Cotton Spinning Mills Pvt. Ltd. , rep. by its Managing Director S. Krishnakumar, Tirupur – Respondent


Advocates Appeared:
For the Petitioners:P. Valliappan, Advocate.
For the Respondent:T.R. Rajaraman, Advocate.

Judgment :

1. This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of P. Valliappan, advocate for the petitioners and of T.R. Rajaraman, advocate on behalf of the respondent the Court made the following order:

This is a petition for interim stay of a money decree passed by the learned Additional District Court (Fast Track Court No. 4), Coimbatore at Tiruppur in O.S. No. 620 of 2004 dated 30.7.2008.

2. The petitioners are the defendants in the Suit. The respondent filed O.S. No. 620 of 2004 seeking recovery of a sum of Rs. 7,19,583/- together with interest at 24% per annum on the amount of Rs. 6,25,000/-. The basis of the claim of the respondent is that the respondent took the factory premises together with the machineries of the petitioners herein on lease for a period of 11 months with effect from 110. 2002 and paid an advance of Rs. 12 Lakhs. The respondent claimed that at the end of period of lease, namely 19. 2003, they handed over possession of the property along with machineries to the petitioners and that the petitioners refunded only a sum of Rs. 4,50,000/- on 20.10.2003 and a sum of Rs. 1,25






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